Judge: Rockaway Twp. Council president obfuscated municipal business

ROCKAWAY TOWNSHIP — The validity of the July 30 Township Council meeting was reinforced Wednesday as a Superior Court judge again ruled against those who sued to have it voided.

Superior Court Judge Stuart Minkowitz ruled against a resident, an activist and a member of the council, who sued to have the meeting voided. As part of his ruling, Minkowitz declared that council President Tucker Kelley committed "obfuscation" of municipal business by refusing to call the July meeting to order.

The plaintiffs claimed the meeting violated Open Public Meeting Act (OPMA) laws and should be voided, specifically because Councilwoman Phyllis Smith was not notified of the July 30 meeting via email. The judge said there was evidence to show an email had been sent to the councilwoman, and that whether she received it was not the issue.

The suit also said meeting rules were violated because residents were required to sign in at the meeting if they wished to speak during the public comment period. The plaintiffs claimed that was not a regular meeting procedure and thus should void the meeting. Minkowitz ruled that no speakers were turned away and anyone who signed the sheet was allowed to speak, so there was no violation. He also ruled that OPMA does not mandate that public comment take the same form every time.

The suit also claimed the appointment of Councilman John “Jack” Quinn to replace Kelley during the meeting violated OPMA. The plaintiffs said the next in line to replace Kelley was Abrahamsen, as council vice president. The judge ruled that Quinn was the next logical choice for appointment. He ruled that Kelley was removed because he refused to convene the meeting claiming it was not legal. Abrahamsen also claimed the meeting was not legal and would have also refused to convene it, allowing for Quinn's appointment.

On the fourth and final count, the suit said the council should not have replaced the township clerk during the meeting with the business administrator. Minkowitz did not agree. The clerk walked out of the meeting, so replacing her was allowed, the judge ruled.

Rockaway Township Council, 2019(Photo: Gene Myers/NorthJersey.com)

The July 30 meeting

For roughly 90 minutes on July 30, Kelley, Abrahamsen, Smith and Councilman Jeremy Jedynak — the four minority members — argued that the meeting was illegal and would not be convened.

“There is no meeting,” Abrahamsen said as she held her cellphone pointed at the residents in attendance. Kelley said: “There is no meeting” multiple times and refused to convene the meeting, as asked to do by other members of the council.

He was removed and Quinn appointed temporary president. Quinn eventually convened the meeting.

"Rather than beginning the meeting and allowing the court to determine the meeting's legality ... Kelley took it upon himself to implicitly determine its legality, through his refusal to convene the meeting," the judge ruled.

“The result was not just his functional absence from the meeting, but acting obfuscation of municipal business,” Minkowitz said of Kelley.

Before he was removed from the meeting, Kelley interrupted Municipal Clerk Christina Clipperton as she tried to take roll call numerous times. Her roll call “was stopped by Kelley because he stated that the motions to call roll were not recognized," according to court documents. Clipperton, visibly upset, did not complete the roll call, removed herself from the meeting and was replaced by the council with Business Administrator Patricia Seger, according to the court document.